M Entertainment, Inc. v. Leydier

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the matter remitted to that Court for further proceedings in accordance with this memorandum.

The Appellate Division erred in concluding that plaintiffs’ noncompliance with the requirement that mail service be accomplished by mailing “within the state” {see CPLR 2103 [b] [2]; [f] [1]) constituted a “fatal jurisdictional defect” requiring the dismissal of plaintiffs’ appeal against Lawrence Leydier. CPLR 5520 (a) provides:

“If an appellant either serves or files a timely notice of appeal or…